Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brancato v Azzurri Stone (NSW) Pty Ltd, in the matter of Azzurri Stone (NSW) Pty Ltd [2020] FCA 466 File number: NSD 1811 of 2019
Judge: GLEESON J
Date of judgment: 14 April 2020
Catchwords: CORPORATIONS – application for departure from ordinary position under s 466(2) of the Corporations Act 2001 (Cth) that costs incurred by an applicant for a winding up order must be reimbursed out of the property of the company – where winding up applicant accepted a proposal from the company's sole director that the company be placed into voluntary liquidation prior to commencement of winding up proceeding – where the sole director did not proceed with voluntary winding up – where costs of winding up proceeding unnecessarily incurred – where costs incurred by the winding up applicant to be paid personally by the sole director – where costs to be paid on an ordinary basis
Legislation: Corporations Act 2001 (Cth) ss 462, 465C, 466 Federal Court (Corporations) Rules 2000 r 2.9
Cases cited: In the matter of HCafe Chatswood Pty Ltd [2018] NSWSC 362 In the matter of Riverside Spares Pty Ltd [2019] NSWSC 1900 Seven Network Limited v News Limited [2009] FCAFC 166; (2009) 182 FCR 160 Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461
Date of hearing: Determined on the papers
Date of last submissions: 20 March 2020 (Plaintiff) 6 April 2020 (Second Defendant)
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